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Part VIU.K. Departments and Officers

68 Departments.U.K.

(1)There shall be established the departments of the [F1Court of Judicature] specified in the first column of Schedule 2.

(2)The business to be assigned to each department shall—

(a)be prescribed by rules of court; and

(b)subject to any directions given by the [F2Lord Chief Justice] under subsection (4), be transacted under the supervision of the [F3officer] specified in relation to that department in the second column of Schedule 2.

(3)The Lord Chancellor may by order made after consultation with the Lord Chief Justice establish at such place as may be specified in the order a branch office of the Probate and Matrimonial Office which—

(a)may transact such of the business of that Office as may be so specified; and

(b)shall, subject to subsection (4), be under the supervision of a circuit registrar.

[F4(4)The officer supervising a department shall discharge his functions in accordance with directions given by the [F5Lord Chief Justice].]

(5)The Lord Chancellor may by order made after consultation with the Lord Chief Justice at any time modify Schedule 2 by—

(a)removing any department and any entry relating thereto from that Schedule;

(b)adding any department and any entry relating thereto to that Schedule;

(c)amending the name of any department or amending any entry relating to any department in that Schedule.

(6)An order under subsection (5) may make provision for any incidental, consequential, transitional or supplementary matters for which it appears to the Lord Chancellor to be necessary or expedient for the purpose of the order to provide, and may amend or repeal any statutory provision (including any provision of this Act) so far as may be necessary or expedient in consequence of the order.

[F6(7)The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]

Textual Amendments

Modifications etc. (not altering text)

[F768A [F8Department of Justice’s duty]U.K.

(1)The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—

(a)the [F9Court of Judicature],

(b)county courts,

(c)magistrates' courts, and

(d)coroners' courts,

and that appropriate services are provided for those courts.

(2)The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before [F10the Northern Ireland Assembly] a report as to the way in which he has discharged his duty under subsection (1).]

[F11(3)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a report as it applies in relation to the laying of a statutory document under an enactment.]

Textual Amendments

F9Words in s. 68(1)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

Modifications etc. (not altering text)

69 [F12General Functions of the Department of Justice in relation to Courts and Judgments]U.K.

[F13(1)The functions of the Department of Justice include—

(a)facilitating the conduct of the business of the following courts, namely—

(i)the Court of Judicature;

(ii)county courts;

(iii)magistrates’ courts; and

(iv)coroners’ courts;

(b)giving effect to judgments to which the Judgments Enforcement (Northern Ireland) Order 1981 applies; and

(c)discharging such other functions in relation to the courts mentioned in paragraph (a) or the enforcement of the judgments mentioned in paragraph (b) as are conferred on, or transferred to, it or any civil servants in the Department of Justice by or under this Act or any other statutory provision.]

F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The functions exercisable F15... under subsection (1) shall include the functions heretofore exercisable by—

(a)the officers and other persons employed in the [F16Court of Judicature];

(b)the persons employed in the county court service by virtue of section 108 of the M1County Courts Act (Northern Ireland) 1959 or any other officer of a county court;

(c)clerks of petty sessions and persons employed in the offices of clerks of petty sessions;

(d)the Enforcement of Judgments Office; and

(e)the officers of coroners’ courts,

other than those functions which by or under this Act become the functions of statutory officers.

(5)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Words in s. 69(1)(a)(i)(4)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6(1); S.I. 2009/1604, art. 2(d)

F17S. 69(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 5 Group 11}

Marginal Citations

M11959 c. 25. (N.I.)

70 Appointment and qualification of statutory officers.U.K.

[F19(1) Appointments to the offices listed in column 1 of Schedule 3 shall be made by the Northern Ireland Judicial Appointments Commission after consultation with the Lord Chief Justice; and persons holding such offices are in this Act referred to as “ statutory officers ”.

(1A)The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to statutory officers.

(1B)The terms and conditions of service for statutory officers are to be determined by the Lord Chancellor with the concurrence of the Treasury.]

[F20(1C)Any salary or other amounts payable under subsection (1B) shall be paid by the Department of Justice.]

(2)Subject to subsection (3), a person shall not be qualified for appointment to any of the offices listed in column 1 of Schedule 3 unless [F21he is—

(a) a barrister or solicitor F22 . . . who has at least the number of years’ standing specified in relation to that office in column 3 of that Schedule; or

(b)the holder of any other office so listed.]

(3)In exceptional circumstances, where it appears to the [F23Commission] that a suitable appointment cannot be made in accordance with the provisions of subsection (2) and Schedule 3, [F24it] may, notwithstanding those provisions, after consultation with the Lord Chief Justice, appoint any barrister, solicitor or other person whom [F24it] considers to be suitable for appointment having regard to his knowledge and experience.

(4)Without prejudice to section 68, the functions of the holder of each office listed in column 1 of Schedule 3 shall include the functions specified in relation to that office in column 4 of that Schedule (being functions heretofore exercised by the holder of the office or offices so specified) and accordingly—

(a)for a reference in any statutory provision relating to those functions to any office listed in column 4 of Schedule 3 or to the holder of any such office there shall be substituted a reference to the appropriate corresponding office listed in column 1 of that Schedule or to the holder of that office, as the case may be; and

(b)the offices specified in column 4 of Schedule 3 are hereby abolished.

(5)The [F25Department of Justice] may by order made after consultation with the Lord Chief Justice at any time modify Schedule 3 by:—

(a)removing any office and any entry relating thereto from that Schedule;

(b)adding any office and any entry relating thereto to that Schedule;

(c)amending the title of any office or amending any entry relating to any office in that Schedule.

(6)An order under subsection (5) may make provision for any incidental, consequential, transitional or supplementary matters for which it appears to the [F26Department of Justice] to be necessary or expedient for the purpose of the order to provide and may amend or repeal any statutory provision (including any provision of this Act) so far as may be necessary or expedient in consequence of the order.

Subordinate Legislation Made

P1S. 70(5)(6) power exercised (03.06.1991) by S.R. 1991/230

Textual Amendments

F19S. 70(1)-(1B) substituted for s. 70(1) (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 15(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F21Words in s. 70(2) substituted (15.10.2002) by 2002 c. 26, s. 18(8); S.R. 2002/319, art. 2, Sch.

F22Words in s. 70(2)(a) repealed (1.5.2004) by Courts Act 2003 (c. 39), ss. 109(3), 110(1), Sch. 10; S.I. 2004/1104, art. 3(h)(i)

71 Tenure of office of statutory officers.U.K.

(1)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(3)A statutory officer shall vacate office on the day on which the officer attains the age of 75.]

(4)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

72 Superannuation of statutory officers.U.K.

(1)A statutory officer shall be deemed for the purposes of section 1 of the M2Superannuation Act 1972 to be employed in the civil service of the state and, subject to the following provisions of this section, the principal civil service pension scheme within the meaning of section 2 of that Act shall apply to him accordingly.

(2)In its application to a statutory officer in respect of his service as such the principal civil service pension scheme shall have effect subject to the modifications set out in Schedule 4.

(3)Subsection (2) shall not apply to a statutory officer appointed by virtue of section 70(3) unless the Lord Chancellor, with the concurrence of the Minister for the Civil Service, so directs.

[F29(4)This section does not apply to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.]

Textual Amendments

Modifications etc. (not altering text)

C4S. 72(2): power to amend conferred by S.I. 1986/1888 (N.I. 18), art. 18(3)(j)

S. 72(2): power to modify conferred (N.I.) (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, 186(2), Sch. 5 Pt. II para. 17(2)(3)(j); S.R. 1994/17, art. 2

Marginal Citations

[F3073 Restrictions on practice.U.K.

(1)F31. . . A statutory officer shall not either directly or indirectly practise as a barrister or solicitor or as an agent for a solicitor.

(2)F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

74 Deputies and temporary appointments.U.K.

[F32(1)In order to facilitate the disposal of business, the Northern Ireland Judicial Appointments Commission may, after consultation with the Lord Chief Justice, appoint a suitably qualified person—

(a)to act as a deputy for any statutory officer, or

(b)to act as a temporary additional statutory officer,

during such period or on such occasions as the Commission determines with the agreement of the [F33Department of Justice] .

(1A)The [F34Department of Justice] must consult the Lord Chief Justice before giving its agreement to a period or occasion under subsection (1).

(1B)The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to deputies for statutory officers or temporary additional statutory officers.]

(2)A person acting in an office by virtue of an appointment under subsection (1) shall have all the powers of a person permanently appointed to that office.

(3)Where anything is for the time being authorised or required by this Act or any other statutory provision to be done to or by a particular statutory officer and—

(a)that statutory officer is not available because of absence or other reason and no person may, by virtue of subsections (1) and (2), exercise his powers; or

(b)his office is vacant,

then it may, unless the [F35Lord Chief Justice] otherwise directs, be done during such unavailability or vacancy to or by any other statutory officer.

(4)Where for any purpose it is necessary for a judge of the High Court or the Court of Appeal to sit outside Belfast, he may, with the approval of the Lord Chief Justice, appoint a judge’s registrar.

(5)[F36The Department of Justice shall pay] to any person appointed under this section such remuneration and allowances [F37as the Lord Chancellor may], with the consent of the Minister for the Civil Service, determine.

Textual Amendments

F32S. 74(1)-(1B) substituted for s. 74(1) (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 16(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

Modifications etc. (not altering text)

[F3875 Official Solicitor.U.K.

[F39( 1 )The Lord Chancellor, after consultation with the Lord Chief Justice, may appoint as Official Solicitor to the [F40Court of Judicature] a person who is—

(a)a solicitor of the [F40Court of Judicature] of at least 7 years' standing, or

(b)a member of the Bar of Northern Ireland of at least 7 years' standing.]

(2)The Official Solicitor shall have such powers and perform such duties as may be prescribed and as may be conferred or imposed on him—

(a)by or under this or any other Act; or

(b)by or in accordance with any direction given by the [F41Lord Chief Justice].

[F42(2A)The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(b)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]

(3)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The court may, in accordance with rules of court, order the costs of the Official Solicitor in respect of any business done by him to be paid out of any fund the subject of the proceedings or by any party to the proceedings and such costs shall be ascertained on taxation or measured.

(5)Where any powers or duties have been or are hereafter conferred on the Official Solicitor then, unless and until the court or a judge otherwise directs in any particular case, those powers may be exercised and those duties shall be performed by the holder of the office for the time being, and no further order or appointment shall be necessary by reason only that the person on whom the powers and duties were conferred or imposed has died or ceased to hold office.]

[F44(6)The Official Solicitor shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, dismissal or resignation).

( 7 )The Lord Chancellor may pay to the Official Solicitor such remuneration and allowances as the Lord Chancellor may determine with the consent of the Treasury.

(8)Service as the Official Solicitor is employment in the civil service [F45of Northern Ireland for the purposes of Article 3 of the Superannuation (Northern Ireland) Order 1972].

( 9 )While the office of Official Solicitor is vacant or the Official Solicitor is unable or unwilling to act, the Lord Chancellor may, after consultation with the Lord Chief Justice, appoint a person as temporary Official Solicitor; and the temporary Official Solicitor—

(a)may be appointed only if qualified for appointment as Official Solicitor,

(b)shall have all the powers and duties of the Official Solicitor, and

( c )may be paid remuneration and allowances by the Lord Chancellor with the consent of the Treasury.]

Textual Amendments

F38S. 75 substituted by S.R. 1982/300, art. 4

F43S. 75(3) repealed (1.10.2003) by 2002 c. 26, ss. 86, 87(1), Sch. 13; S.R. 2003/416, art. 2(2)

F44S. 75(6)-(9) inserted (1.5.2004) by Courts Act 2003 (c. 39), ss. 103(4), 110(1); S.I. 2004/1104, art. 3(e)

Modifications etc. (not altering text)

76 Property held by officers.U.K.

Any property whatsoever held in his official capacity by any of the following, that is to say—

(a)a statutory officer;

(b)the Accountant General of the [F46Court of Judicature];

(c)[F47the Official Solicitor;]

(d)any [F48person designated as a chief clerk under Article 2(2) of the County Courts (Northern Ireland) Order 1980 or appointed as a clerk of petty sessions under Article 2(4) of the Magistrates’ Courts (Northern Ireland) Order 1981];

(e)any person appointed by the High Court to hold the property for the purposes of or in connection with any proceedings,

shall, on his dying, becoming bankrupt, ceasing to hold office or ceasing to act for the purposes of or in connection with any such proceedings, vest in the person appointed to succeed him without any conveyance, assignment or transfer.

Textual Amendments